Select Committee on Land and Mineral Resources Approval of the amended Norms and Standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes for implementation 23 May 2017 Biodiversity and Conservation

Purpose TOPS Regulations a) To inform the Select Committee on Land and Mineral Resources of the need to implement revised Norms and Standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes (Rhino N&S); and To request the Select Committee to recommend the draft revised Rhino N&S to the NCOP for approval

Introduction (I/III) TOPS Regulations The Rhino N&S were developed in terms of section 9 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA) The Rhino N&S were implemented on 20 July 2009, aiming at providing national uniformity in respect of the marking of live rhino and rhino horn, and to provide for a process to monitor the legal hunting of white rhino by foreign hunters

Introduction (II/III) TOPS Regulations The Rhino N&S, 2009 were repealed on 10 April 2012 when substantially amended N&S were implemented The purpose of the amendments in 2012 was to strengthen existing provisions and to provide additional measures, which included: Providing a minimum size of rhino horn for marking Owner/ manager of the game farm, as well as official/ EMI who attended the hunt, must sign off the hunting permit; Transport of the horns as part of the hunting trophy may only be authorised in terms of an individual transport permit;

Introduction (III/III) TOPS Regulations Upon receipt of the rhino horns, the taxidermist or owner of a similar facility must report the information as specified in the N&S, to the issuing authority The scope of the N&S as far as it related to the hunting of rhino, was extended to include black rhino Amendment of the Rhino N&S, 2012 was required, primarily to clarify specific responsibilities of the issuing authorities and the interpretation of certain requirements, and to effect editorial changes, in order to improve compliance with the Rhino N&S

Stakeholder consultation TOPS Regulations Inter-governmental consultation: Working Group (WG) IV (compliance and enforcement) in 2014 WG 1 (biodiversity), WG 11 (legislation), MINTECH and MINMEC consultation in 2015 Publication of the draft amendments in the Gazette on 12 January 2016 for public participation for a period of 30 days WG 1, WG 11, MINTECH and MINMEC consultation for approval to publish for implementation, in 2016

Key comments received (I/II) TOPS Regulations All rhino hunts must take place in the presence of an EMI Position of placement of the microchip in live animals Alignment of definitions with TOPS Regulations SABS comment relating to national standards (SANS) for microchips and unmovable safes Reference to the rhino horn trade moratorium Insertion of the microchips by a veterinarian when live rhino is darted

Key comments received (II/II) TOPS Regulations Clarity that the monitoring of the hunt will be at the cost of the issuing authority Time frames for reporting (mortalities, information to be provided by the EMI and taxidermist on the horns of the rhino hunted)

Key amendments (I/V) TOPS Regulations Skin and horn samples must be collected when a live rhino is darted for any purpose, instead of only when the rhino is sold and transported; More precise location of the placement of the microchip in a live rhino, namely behind the ear, close to the base of the ear (previously in front of the left shoulder); When a live rhino is darted, the microchips may be inserted by a veterinarian (previously only be an Environmental Management Inspector [EMI]);

Key amendments (II/V) TOPS Regulations If the Department of Environmental Affairs (DEA) does not receive timeous confirmation from the country of usual residence on the credentials of the hunting client, then it is the responsibility of the latter to obtain such confirmation, in order to enable the DEA to make a recommendation to the relevant issuing authority on the rhino hunting application; The curriculum vitae regarding previous hunting experience of a hunting client, relates to the hunting of mammalian game species indigenous to Africa (previously referred to any African species);

Key amendments (III/V) TOPS Regulations All rhino hunts must take place in the presence of an EMI, including rhino hunts conducted by local hunters; The permit of a local hunter in respect of the hunting of a rhino and the subsequent transport of the horns, together with the rest of the hunting trophy, may be issued as a combined permit (this would not be possible in the case of a hunting client, as the hunter and the person transporting the horns would not be the same person);

Key amendments (IV/V) TOPS Regulations Clarification that horn and blood samples of a particular rhino do not have to be collected for the purpose of genetic profiling, if the genetic profiling of such rhino has been done previously; Clarification that the cost for the genetic profiling is for the DEA, except in the case of genetic profiling forming part of a criminal investigation, and that the facility responsible for the genetic profiling must provide the DEA with a copy of the profiling report.

Key amendments (V/V) TOPS Regulations Time frames for reporting on: rhino mortalities (within 5 working days) rhino horn (trophy) information by: EMI - within 5 working days after the hunt taxidermist - within 24 hours of receipt of the trophy Removed reference to rhino horn trade prohibition notice Endorsement of the CITES export permit by an EMI or a mandated official from a border law enforcement agency

Parliamentary approval (I/II) TOPS Regulations Section 146(6) of the Constitution states that a law made in terms of an Act of Parliament or a provincial Act can prevail only if that law has been approved by the National Council of Provinces (NCOP). Section 8(3) of NEMBA requires the Minister to submit all subordinate legislation to the NCOP for approval, in order to effectively resolve conflict that may arise between the subordinate legislation and provincial conservation legislation in terms of section 146(6) of the Constitution.  

Parliamentary approval (II/II) TOPS Regulations Section 97(3A) of NEMBA further requires the Minister to submit any regulations made in terms of NEMBA to Parliament 30 days prior to the publication thereof in the Gazette.

Recommendation TOPS Regulations It is recommended that members of the Select Committee on Land and Mineral Resources: a) Take note of the need to implement revised Norms and Standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes (Rhino N&S); and Recommend the draft revised Rhino N&S to the NCOP for approval.